Shared Flashcard Set

Details

AINS 21
Please excuse all the spelling errors
341
Insurance
Professional
12/11/2013

Additional Insurance Flashcards

 


 

Cards

Term
What are the four essential elements of a contract?
Definition
Agreement, Capacity to contract, Consideration, Legal purpose
Term
Valid Contract
Definition
A contract that meets all of the requirements to be enforeable
Term
Capacity to contract
Definition
Each party must have the legal capacity to make the agreement binding
Term
Consideration
Definition
Something of value given by each party to a contract
Term
Legal purpose
Definition
A contract must follow the law and cannot go against public policy
Term
What are the distinguishing characteristics of insurance policies
Definition
Contract of indemnity, contract of utmost good faith, contract involving fortuitous events and the exchange of unequal amounts, contract of adhesion, conditional contract, nontransferable contract
Term
Contract of indemnity
Definition
The insurance policy is meant to restore a party who has had a loss to the same financial position that party held before the loss occurred.
Term
Contract of utmost good faith
Definition
Both parties to an insurance contract are expected to be ethical in their dealings with each other
Term
Valued policy
Definition
A policy in which the insurer pays a stated amount in the event of a specified loss (usually a total loss) regardless of the actual value of the loss
Term
Concealment
Definition
An intentional failure to disclose a material fact
Term
misrepresentation
Definition
A false statement of a material fact on which a party relies
Term
Material fact
Definition
In insurance, a fact that would affect the insurer's decision to provide or maintain insurance or to settle a claim
Term
contract involving fortuitous events and the exchange of unequal amounts
Definition
The premium that the insured pays will likely not equal the losses paid out over the policy period
Term
Contract of adhesion
Definition
The insured has to "take or leave" an insurance policy. They have no say as to the wording.
Term
Conditional contract
Definition
The parties to the contract only have to perform under certain conditions
Term
Nontransferable contract
Definition
An insured cannot give the policy to some other party
Term
Preprinted form
Definition
An insurance form that meets the needs of many policyholders and is therefore printed in bulk for future use
Term
Manuscript form
Definition
An insurance form that is drafted according to the terms negotiated between specific insured or group of insureds and the insurer
Term
self-contained policy
Definition
A policy requiring only a single document such as a personal auto policy
Term
Modular policies
Definition
A policy requiring a combination of documents to include all the agreements between the insured and the insurer
Term
Coverage part
Definition
A component of a CPP or a monoline policy that contains the policy provisions relating to a particular line of business, such as commercial property or commercial generaly liability; consists of the coverage part's declaration page, one or more coverage forms, applicable endorsements, and in some cases a general provisions form
Term
All CPP policies contain what?
Definition
Policy conditions and declarations
Term
Dec page
Definition
An insurance policy information page or pages providing specific details about the insured and the subject of the insurance
Term
Related insurance policy documents
Definition
Application, endorsements, insurer's bylaws relevant statutory terms
Term
Application
Definition
Documented request for coverage containing information about insured and loss exposures
Term
Endorsements
Definition
Documents modifying basic policy form
Term
Insurer's bylaws
Definition
Insurer's corporate bylaws often attached to mutual insurer policies
Term
Relevant stautory terms
Definition
incorporation of statute by reference in policy
Term
Policy provisions
Definition
Any phrase or clause in an insurance policy that describes the policy's coverages, exclusions, limits, conditions or other features
Term
Declarations
Definition
Unique information on the insured; list of forms included in policy. Outlines who or what is covered and where and when coverage applies
Term
Definitions
Definition
Words with special meanings in policy. May limit or expand coverage.
Term
Insuring agreements
Definition
Statements containing insurer's promise to make payment. states circumstances under which the insurer agrees to pay
Term
Conditions
Definition
Qualifications on promise to make payment. Outlines steps insured needs to take to enforce policy
Term
Exclusions
Definition
Provisions stating what the insurer will not cover. Eliminates coverage for excluded persons, places, things or actions
Term
Scheduled coverage
Definition
insurance for property specifically listed on a policy with a limit of liability for each item
Term
Insurer's obligations
Definition
To pay covered losses, defend the insured from lawsuits, provide other services to the insured
Term
Insured's obligations
Definition
To pay premiums, report losses promptly, provide appropriate documentation for losses, cooperate with the insurer, not hinder subrogation
Term
Eliminate coverage for uninsurable loss exposures
Definition
ie war, earthquake or flood
Term
Assist in managing moral hazards
Definition
Prevent insureds from eaggerating or intentionally causing losses for the purpose of collecting insurance proceeds
Term
Assist in managing morale hazards
Definition
Minimize loss exposures arising from carelessness or indifference
Term
Reduce the likelihood of coverage duplications
Definition
Prevent two policies from covering the same things
Term
Eliminate coverages that the typical insured does not need
Definition
Make it so that only insured's who need particular coverage have to pay for it ie owning a motorboat
Term
Eliminate coverages requiring special treatment
Definition
Some coverages need special rating, underwriting and risk control to be covered
Term
Assist in keeping premiums reasonable
Definition
Exclusions allow insurers to decline loss exposures that may otherwise cause a premium to be unacceptable
Term
Floater
Definition
A policy designed to cover property that moves from location to location
Term
Named peril
Definition
A specific cause of loss listed and described in an insurance policy. Also used to describe policies containing names perils
Term
Special form or open perils policies
Definition
A policy that provides coverage for any direct loss to property unless the loss is caused by a peril specifically excluded
Term
Basic form covers what?
Definition
Fire, lightning, winderstorm, hail, aircraft, vehicle damage, riot and civil commotion, explosion, smoke, vandalism, sprinkler leakage, sinkhole collapse and volcanic action
Term
Broad form covers what?
Definition
Falling objects, weight of snow, ice or sleet; and sudden and accidental leakage of water from a plumbing system
Term
Special form covers what?
Definition
Everything not specifically excluded
Term
Collision coverage
Definition
Coverage for direct and accidental loss or damage to a covered auto caused by collision with another object or by overturn
Term
Other than collision coverage
Definition
coverage for physical damage to a covered auto resulting from any cause of loss except collision or a cause of loss specifically excluded
Term
Specified causes of loss coverage
Definition
Coverage for direct accidental loss caused by fire, lightning, explosion, theft, windstorm, hail, earthquake, flood, mischief, vandalism, or loss resulting from the sinking, burning, collision or derailment of a conveyance transporting the covered auto
Term
Excluded causes of loss
Definition
ie losses that would affect many people at the same time such as earthquake and flood. Also inherent vice and latent defect as well as wear and tear and other maintenance perils
Term
Direct loss
Definition
A reduction in the value of property that results directly and often immediately from damage to that property
Term
Indirect loss
Definition
A loss that arises as a result of damage to property, other than direct loss to the property
Term
Extra expenses,
Definition
Expenses in addition to ordinary expenses that an organization incurs to mitigate the effects of a business interruption
Term
Additional living expense
Definition
A coverage in homeowners policies that indemnifies the insured for the additional expenses that are incurred following a covered property loss so that the household can maintain its normal standard of living while the dwelling is being restored
Term
Loss payee
Definition
A party entitled to share in whatever loss payment an insured receives
Term
Policy provisions
Definition
Tells the insured the maximum amount of money that can be recovered from the insurer after a loss and helps the insurer keep track of their overall obligations
Term
Valuation provisions
Definition
Set a value on covered property. ie replacement cost and actual cash value
Term
Deductible
Definition
A portion of a covered loss that is not paid by the insured. encourages the insured to try to prevent losses
Term
Insurance to value provision
Definition
A provision in property insurance policies that encourages insureds to purchase an amount of insurance that is equal to or close to the value of the covered property
Term
Coinsurance
Definition
An insurance-to-value provision in many property insurance policies providing that if the property is underinsured, the amount that an insurer will pay for a covered loss is reduced.
Term
General liability
Definition
Covers all activities or sources of liability that are not specifically excluded
Term
Covered types of injury or damage (liability)
Definition
Bodily injury and property damage for which the insured is legally liable
Term
Bodily injury
Definition
Physical injury to a person including sickness, disease and death
Term
property damage
Definition
Physical injury to, destruction of, or loss of use of tangible property
Term
Personal injury
Definition
Injury other than bodily injury arising from intentional torts such as libel, slander or invasion of privacy
Term
Covered costs
Definition
The damages that the insured is legally liable to pay and the cost of defending the insured against the claim
Term
Release
Definition
A legally binding contract between the parties to a dispute that embodies their agreement, obligates each to fulfill the agreement, and releases both parties from further obligation to one another that relates to the dispute
Term
Supplementary payments
Definition
Various expenses the insurer agrees to pay under a liability insurance policy for items such as premiums on bail bonds and appeal bonds, loss of the insured's earnings because of attendance at trials and other reasonable expenses incurred by the insured at the insurer's request
Term
Prejudgment interest
Definition
Interest that may accrue on damages before judgment has been rendered
Term
Postjudgment interes
Definition
interest that may accrue on damages after a judgment has been entered in a court and before the money has been paid ie when the decision is appealed and taken to a higher court
Term
Medical payments coverage
Definition
Coverage that pays necessary medical expenses incurred within a specified period by a claimant for a covered injury, regardless of whether the insured was at fault
Term
Occurrence basis coverage
Definition
Coverage that is triggered by the actual happening of bodily injury or property damage during the policy period
Term
Claims-made coverage form
Definition
A coverage form that provides coverage for bodily injury or property damage that is claimed during the policy period
Term
Retroactive date
Definition
The date on or after which bodily injury or property damage must occur in order to be covered
Term
Each person limit
Definition
The maximum amount an insurer will pay for injury to any one person for a covered loss
Term
Aggregate limit
Definition
The maximum amount an insurer will pay for all covered losses during the covered policy period
Term
Each occurrence limit
Definition
The maximum amount an insurer will pay for all covered losses from a single occurrence regardless of the number of persons injured or the number of parties claiming property damage
Term
Split limits
Definition
Separate limits for bodily injury and property damage liability coverage
Term
Single limit
Definition
A single limit of liability for the combined total of bodily injury and property damage from any one accident or occurrence
Term
Underwriting income
Definition
Earned premium-(Paid losses+Loss adjustment expenses)
Term
Loss adjustment expenses
Definition
The expense that an insurer incrus to investigate, defend and settle claims according to the terms specified in the insurance policy.
Term
Paid losses
Definition
Losses that have been paid to or on behalf of insureds during a given period
Term
Incurred losses
Definition
The losses that have occurred during a specific period no matter when claims resulting from the losses are paid
Term
Incurred but not reported losses
Definition
Losses that have occurred but have not yet been reported to the insurer
Term
Incurred losses=
Definition
Paid losses+Loss reserves
Term
Underwriting expenses
Definition
Covered losses, acquesition expenses, general expenses and premium taxes, licenses and fees
Term
Dividends
Definition
The portion of an organization's profits that is paid to shareholders
Term
Net investment income=
Definition
Investment income-investment expenses
Term
Overall gain or loss from operations=
Definition
net investment gain or loss+netunderwriting gain or loss
Term
Balance sheet
Definition
Shows an insurer's financial position at a particular point in time and includes the insurer's assets, liabilities and policyholders' surplus
Term
Assets
Definition
Types of property both tangible and intangible owned by an entity
Term
Admitted assets
Definition
Assets meeting minimum standards of liquidity that an insurer is allowed to report on its balance sheet in accordance with statutory accounting principles
Term
Nonadmitted assets
Definition
Types of property such as office furniture and equipment that regulators do not allow insurers to show as assets on financial statements because these assets cannot readily be converted to cash at or near their market value
Term
Liabilities
Definition
Financial obligations, or debts, owed by a company to another entity usually the policyholder in the case of an insurer
Term
Loss reserve
Definition
An estimate of the amount of money the insurer expects to pay in the future for losses that have already occurred and been reported but are not yet settled
Term
Unearned premium reserve
Definition
An insurer liability representing the amount of premiums received from policyholders that are not yet earned
Term
Policyholder's surplus
Definition
Under statutory accounting principles an insurer's total admitted assets minus its total liabilities
Term
Income statement
Definition
Shows the insurer's revenues, expenses and net income for a particular period usually one year
Term
Loss ratio
Definition
Incurred losses/Earned premiums
Term
Expense ratio
Definition
Incurred underwriting expenses/written premiums
Term
Combined ratio=
Definition
loss ratio+expense ratio
Term
Investment income ratio
Definition
Net investment income/earned premiums
Term
Overall operating ratio
Definition
Combined ratio-investment income ratio
Term
Pure risk
Definition
A chance of loss, or no loss but no chance of gain
Term
Speculative risk
Definition
A chance of loss, no loss or gain
Term
Steps of risk management process
Definition
1. Identifying loss exposures
2. analyzing loss exposures
3. examining feasibility of risk management techniques
4. Selecting the appropriate risk management techniques
5. Implementing the risk management techniques
6. Monitoring results and revising the risk management program
Term
Ways of identifying loss exposures
Definition
Physical inspection, Loss exposure surveys, Loss history analysis
Term
Risk control techniques
Definition
Avoidance, loss prevention, loss reduction, separation, duplication
Term
Avoidance
Definition
A risk control technique that involves ceasing or never undertaking an activity so that the possibility of a futre loss occurring from that activity is eliminated
Term
Loss prevention
Definition
Seeks to lower the frequency of losses from a particular loss exposure
Term
Loss reduction
Definition
Seeks to lower the severity of losses from a particular loss exposure system
Term
Separation
Definition
Isolates loss exposures from one another to minimize the adverse effect of a single loss
Term
Duplication
Definition
Uses backups, spares or copies of critical property, information or capabilities and keeps them in reserve
Term
Retention
Definition
A risk financing technique by which losses are paid for by generating funds within the organization to pay for the loss
Term
Noninsurance risk transfer
Definition
A risk financing technique in which one party transfers the potential financial consequences of a particular loss exposure to another party that is not an insurer
Term
The five guidelines for selecting risk management techniques
Definition
1. Do not retain more than you can afford to lose
2. Do not retain large exposures to save a little premium
3. Exposures with the potential of low frequency but high severity should be insured
4. Do not spend a lot of money for a little protection
5. do not consider insurance a substitute for risk control
Term
The four steps of implementing risk management techniques
Definition
1. Decide what should be done
2. Decide who should be responsible
3. Communicate the risk management information
4. Allocate the costs of the risk management program
Term
Assets exposed to property loss
Definition
Types of property that may be exposed to los, damage or destruction
Term
Causes of loss
Definition
Those that may result in property being lost, damaged or destroyed
Term
Financial consequences
Definition
These consequences that may result from property loss. A property loss can be the cause of a net income loss; however, that is considered a separate loss exposure
Term
Fixtures
Definition
Any personal property affixed to real property in such a way as to become part of the real property
Term
Money
Definition
Currency, coins, bank notes and sometimes traveler's checks, credit card slips, and money orders held for sale to the public
Term
Securities
Definition
Written instruments representing either money or other property such as stocks and bonds
Term
Why are money and securities difficult to insure
Definition
They can be easily stolen and quickly destroyed in the event of a fire
Term
Autos
Definition
As defined in commercial general liability and auto forms, a land motor vehicle, trailer or semitrailer designed for travel on public roads, including attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged
Term
Mobile equipment
Definition
Various types of vehicles designed for use principally off public roads such as bulldozers and craines
Term
Recreational vehicle
Definition
A vehicle used for sports and recreational activities such as a dune buggy, all-terrain vehicle or dirt bike
Term
Peril
Definition
The cause of a loss
Term
Hazard
Definition
Anything that increases the frequency or the severity of a loss
Term
Parties affected by property loss
Definition
Property owners, Secured lenders, Property holders
Term
Mortgagee
Definition
A lender in a mortgage arrangement such as a bank or another financing institution
Term
Mortgagor
Definition
The person or organization that borrows money from a morgagee to finance the purchase of real property
Term
Bailee
Definition
The party temporarily possessing the personal property in a bailment ie a dry cleaners
Term
Legal liability
Definition
The legally enforceable obligation of a person or an organization to pay a sum of money to another person or organization
Term
Constitutional law
Definition
The constitution itself and all the decisions of the supreme court that involve the Constitution
Term
Statutory law
Definition
The formal laws or statutes enacted by federal, state or local legislative bodies
Term
Common law
Definition
Laws that develop out of court decisions in particular cases and establish precendents for future cases
Term
Criminal law
Definition
The branch of law that imposes penalties for wrongs against society
Term
Civil law
Definition
A classification of law that applies to legal matters not goverened by criminal law and that protects rights and provides remedies for breaches of duties owed to other
Term
Tort
Definition
A wrongful act or an omission, other than a crime or breach of contract that invades a legally protected right
Term
Tort law
Definition
The branch of civil law that deals with civil wrongs other than breaches of contract
Term
Types of tort
Definition
Negligence, Intentional torts, Strict liability
Term
Negligence
Definition
The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others
Term
Elements required to prove negligence
Definition
1. The defendant owed a legal duty of care to the plaintiff
2. The defendant breached the duty of care owed to the plaintiff
3. the defendant's negligent act was the proximate cause of the plaintiff's injury or damage
4. The plaintiff suffered actual injury or damage
Term
Proximate cause
Definition
A cause that, in a natural and oncinuous sequence unbroken by any new and independent cause produces an event and without which the even would not have happened
Term
Tortfeasor
Definition
A person or organization that has committed a tort
Term
Vicarious liability
Definition
A legal responsibility that occurs when one party is held liable for the actions of a subordinate or associate because of the relationship between the two parties.
Term
Intentional tort
Definition
A tort committed by a person who foresees that his or her act will harm another person
Term
Assault
Definition
The threat of force against another person that creates a well-founded fear of imminent harmful or offensive contact
Term
Battery
Definition
Intentional harmful or offensive physical contact with another person without legal justification
Term
Defamation
Definition
A false written or oral statement that harms another's reputation
Term
Slander
Definition
A defamatory statement expressed by speech
Term
Libel
Definition
A defamatory statement expressed in a writing
Term
False arrest
Definition
The seizure or forcible restraint of a person without legal authority
Term
Invasion of privacy
Definition
An encroachment on another person's right to be left alone
Term
Strict liability
Definition
Liability imposed by a court or by a statute in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, ultrahazardous, extraordinary, abnormal or inappropriate
Term
Hold-harmless agreement
Definition
A contractual provision that obligates one of the parties to assume the legal liability of another party
Term
Warranty
Definition
A written or oral statement in a contract that certain facts are true
Term
Statutory liability
Definition
A legal liability imposed by a specific statute or law ie "no fault" laws
Term
Assets exposed to liability losses
Definition
Most frequently, the plaintiff claims money
Term
Causes of liability loss
Definition
Autos, watercraft, premises, personal activities, business operations, completed operations, products, advertising, pollution, liquor, professional activities
Term
Premises
Definition
ie someone slipping on an icy front porch
Term
Personal activities
Definition
ie hitting somebody with a golf ball while golfing
Term
Business operations
Definition
ie a plumbing contractor flooding a home on accident
Term
Copmleted operations
Definition
ie negligence on the part of the contractor who installed a new furnace that led to a natural gas explosion
Term
Advertising
Definition
ie breach of privacy
Term
Pollution
Definition
ie the BP oil spill in the Gulf
Term
Liquor
Definition
ie someone who drives drunk after drinking at a bar
Term
Professional activities
Definition
ie malpractice by a physician
Term
Financial consequences of a liability loss
Definition
Damages, Defense costs, damage to reputation
Term
Personnel loss exposure
Definition
A condition that presents the possibility of loss caused by a person's death, disability, retirement or resignation that deprives an organization of the person's special skill or knowledge that the organization cannot readily replace
Term
Key employee
Definition
An employee whose loss to a firm through death or disability before retirement would have economic effects on the company
Term
Causes of personnel loss
Definition
Death, disbability, resignation, layoffs, firing, retirement, kidnapping
Term
Disabiilty
Definition
The inability (because of impairment) of a person to meet his or her personal, social or occupational demands; other activities of daily living; or statutory or other legal requirements
Term
Financial consequences of personnel losses
Definition
Loss of the value the employee contributed to the organization, replacement cost, losses to the organization's value caused by negative publicity, losses caused by low morale
Term
Assets exposed to net income loss
Definition
the future stream of net income of the individual or organization
Term
characteristics of an ideally insurable loss exposure
Definition
1. pure risk
2. fortuitous losses
3. definite and measurable
4. Large number of similar exposure units
5. Independent and not catastrophic
6. affordable
Term
Pure risk
Definition
Loss or no loss but no chance of gain
Term
Fortuitous
Definition
Occuring by chance from the insured's perspective
Term
Definite and measurable
Definition
there should be a definite time, cause and location and the insured should be able to measure the frequency and severity of the loss exposure
Term
Large number of similar exposure units
Definition
So that the insurer can predict accurately future losses based on the law of large numbers
Term
Independent and not catastrophic
Definition
A loss by one insured should not affect other insureds and a large number of exposure units should not be insured in similar areas to avoid a large number of losses in the event of a catastrophe
Term
Affordable
Definition
The insurer should be able to charge an economically feasible premium
Term
property insurance
Definition
Any type of insurance that indemnifies an insured who suffers a financial loss because property has been lost stolen damaged or destroyed
Term
Liability insurance
Definition
INsurance that covers losses resulting from the insured's liability to others
Term
Homeowners policy
Definition
A policy that covers most of the property and liability loss exposures that arise out of residential property ownership and occupancy as well as property that liability loss exposures that individuals and families may have while they are away from their residences
Term
Personal auto policy
Definition
An insurance policy that covers an individual or a faily against loss exposures arising out of the ownership, maintenance or use of automobiles
Term
Comprehensive coverage
Definition
Coverage for direct and accidental loss or damage to a covered auto by any peril except collision or overturn or a peril specifically excluded
Term
Personal watercraft policy
Definition
An insurance policy that covers an individuals loss exposures arising out of the ownership maintenance or use of watercraft used principally for recreational or personal transportation purposes
Term
Umbrella liability policy
Definition
A liability policy that provides excess coverage above underlying policies and may also provide coverage not available in the underlying policies, subject to a self insured retention
Term
Long term care insurance
Definition
INsurance that pays for extended medical care or custodial care received in a nursing home, hospital or home
Term
Annuity
Definition
A type of life insurance that makes periodic payments to the recipient for a fixed perio or for life in exchange for a specified premium
Term
Commercial package policy
Definition
Policy that covers two or more lines of business by combining ISO's commercial lines coverage parts
Term
Business owners policy
Definition
A package policy that combines most of the property and liability coverages needed by small and medium sized businesses
Term
Commercial auto insurance
Definition
Insurance that covers a business or not-for-profit organization against loss exposures arising out of the ownership, maintenance or use of automobiles
Term
Auto physical damage
Definition
Coverage for damage to or theft of a covered auto that can include both collision coverage and comprehensive coverage
Term
Commercial property insurance
Definition
Insurance that covers commercial buildings and their contents against various types of property loss
Term
Ocean marine insurance
Definition
Insurance that covers vessels and their cargoes including various vessel-related liability exposures
Term
Inland marine insurance
Definition
Insurance that covers many different classes of property that typically involve an element of transportation
Term
Commercial crime insurancw
Definition
Insurance that covers 1)money and securities against numerous perils (not limited to crime perils) and 2) property other than money and securities against crime perils such as employee theft, robbery, theft by outsiders and extortion
Term
Professional liability insurance
Definition
Insurance that covers persons engaged in various occupations against liability resulting from their rendering or failing to render professional services
Term
Workers compensation insurance
Definition
Insurance that pays the cost of medical care, lost wages, and other benefits when employees are injured on the job
Term
Stock insurer
Definition
An insurer that is owned by its stockholders and formed as a corporation for the purpose of earning a profit for the stockholders
Term
Mutual Insurer
Definition
An insurer that is owned by its policyholders and formed as a corporation for the purpose of providing insurance to them. They also give dividends
Term
Reciprocal insurance exchange
Definition
An insurer owned by its policyholders, formed as an unincorporated association for the purpose of providing insurance coverage to its members (called subscribers) and managed by an attorney-in-fact. Members agree to mutually insure each other and they share profits and losses in the same proportion as the amount of insurance purchased from the exchange by that insurer
Term
Lloyd's
Definition
An insurer whose operations resemble that of a stock insurer. It is an unincorporated association and its individual investors are called a "name". It has earned a reputation for accepting applications for unusual types of insurance
Term
Captive insurer
Definition
A subsidiary formed to insure the loss exposures of its parent company and the parent's affiliates. Provides low insurance cost, insurance availability and improved cash flow.
Term
Reinsurance
Definition
The transfer of insurance risk from one insurer to another through a contractual agreement under which one insurer (the reinsurer) agrees, in return for a reinsurance premiumd, to indemnify another insurer (the primary insurer) for some or all of the financial consequences of certain loss exposures covered by the primary's insurance policies.
Term
Marketing
Definition
Involves determining the products or services customers want and need and delivering them to those customers
Term
Underwriting
Definition
The process of selecting insureds, pricing coverage, determining insurance policy terms and conditions and then monitoring the underwriting decisions made
Term
Underwriter
Definition
An insurer employee who evaluates the applicants for insurance, selects those that are acceptable to the insurer, prices coverage and determines policy terms and conditions
Term
Premium audit
Definition
Methodical examination of a policyholder's operations, records and books of account to determine the actual exposure units and premium for insurance coverages already provided
Term
Purposes of government insurance programs
Definition
1. To fill unmet needs in the private insurance market
2. To facilitate compulsory insurance purchases
3. To provide efficiency in the market and convenience to the insured
4. To achieve collateral social purposes
Term
Fill unmet needs
Definition
Government programs can provide coverage for loss exposures that insurers may not want to cover. ie TRIP
Term
Trip
Definition
Government insurance involving reinsurance. An insurer underwrites the policies, collects premium etc and the government reimburses them for all or part of the loss
Term
NFIP
Definition
Government insurance program under which the federal government underwrites the policies but private insurers deliver the policies to consumers and take a portion of the premium as sales commission
Term
Federal Crop insurance
Definition
Federal government program where the government subsidizes and reinsures a private insurer. The private insurer acts as primary and government is reinsurer
Term
FAIR
Definition
State government program that makes basic property insurance available to those that may not be able to purchase it otherwise because of their property's location or any other reason
Term
Workers compensation insurance program
Definition
State government insurance program that helps employers meet their obligations under state statutes
Term
Beach and windstorm plans
Definition
Make property insurance against the windstorm cause of loss available to property owners who are otherwise unable to obtain insurance because of their property's location
Term
Residual auto plans
Definition
State government plan that makes compulsory automobile liability coverage available to high-risk drivers who have difficulty purchasing coverage at a reasonable rate in the private market
Term
Why are insurer's operations regulated?
Definition
The protect consumers, To maintain insurer solvency and To prevent destructive competition
Term
Solvency
Definition
The ability of an insurer to meet its financial obligations as they become due even those resulting from insured losses that may be claimed several years in the future.
Term
Foreign insurer
Definition
An insurer license to operate in a state but incorporated in another state.
Term
Domestic insurer
Definition
An insurer doing business in the jurisdiction in which it is incorporated
Term
Alien insurer
Definition
An insurer domiciled in a country other than the united states
Term
Admitted insurer
Definition
An insurer to which a state insurance department has grancted a license to do business within that state
Term
Nonadmitted insurer
Definition
An insurer not authorized by the state insurance department to do business within that state
Term
Surplus lines law
Definition
State laws that permit producers with a surplus lines license to write business for an acceptable "nonadmitted insurer when protection from admitted insurers is not available."
Term
Three major criteria considered in approving insurance rates
Definition
1. Adequate to pay all claims and expenses
2. Not excessive
3. Not unfairly discriminatory
Term
Mandatory rate law
Definition
Rates are set by a state agency and all licensed insurers are required to use those rates
Term
Prior-approval law
Definition
Rates and supporting rules must be filed with an approved by the state insurance department before they can be used
Term
File and use law
Definition
The insurer must file rates and supporting rules with the state insurance department prior to their use but the rates can then be used immediately without specific approval
Term
Use and file law
Definition
Rates must be filed with the state insurance department within a specified period after they are put into use
Term
Flex rating law
Definition
An insurance rating law under which prior approval is required only if the new rates exceed a certain percentage above (and sometimes below) the rates previously filed
Term
Open competition
Definition
Allows insurers to develop and use rates without having to file with or get approval from the state insurance department
Term
Why are insurance policy forms regulated
Definition
1. Should be clear and readable
2. Detect any policy provisions that are unfair or unreasonable
Term
Market conduct regulation
Definition
Regulation of the practices of insurers in regard to four area of operations: sales practices, underwriting practices, claim practices and bad faith actions.
Term
Solvency surveillance
Definition
The process, conducted by state insurance regulators of verifying the solvency of insurers and determining whether their financial condition enables them to meet their financial obligations and to remain in business
Term
National association of insurance commissioners (NAIC)
Definition
An association of insurance commissioners from the fifty US states, the District of Columbia and the five US territories and possessions whose purpose is to coordinate insurance regulation activities among the various state insurance departments
Term
NAIC annual statement
Definition
The primary financial statement prepared by insurers and required by every state insurance department
Term
Reserve
Definition
The amount the insurer estimates and sets aside to pay on an existing claim that has not been settled
Term
Insurance regulatory information system
Definition
An information and early-warning system established and operated by the NAIC to monitor the financial soundness of insurers. If an insurer is determined insolvent, it is placed in receivership
Term
Guaranty fund
Definition
A state-established fund that provides a system for the payment of some of the unpaid claims of insolvent insurers licensed in that state, gnerally funded by assessments collected from all insurers licensed in the state
Term
Standard market
Definition
Collectively, insurers who voluntarily offer insurance coverages at rates designed for customers with average or better-than-average loss exposures
Term
Surplus lines insurance
Definition
Insurance obtained from nonadmitted insurers when protection is not available from admitted insurers
Term
Classes of surplus lines business
Definition
Unusual or unique loss exposures, nonstandard business, insureds needing high limits of coverage, insureds needing unusualyl broad coverage, loss exposures that require new forms
Term
Producer
Definition
Anyof several kinds of insurance personnel who place insurance business with insurers and who represent either insurers or insureds or both
Term
Agent
Definition
In the agency relationship, the party that is authorized by the principal to act on the principal's behalf
Term
Agency
Definition
A legal, consensual relationship that exists when one party, the agent acts on behalf of another party, the principal
Term
Principal
Definition
The party in an agency relationship that authorizes the agent to act on that party's behalf ie the insurer
Term
Legal responsibilities of the agent to the principal
Definition
1. Be loyal to the principal
2. obey the principal's lawful instructions
3. Exercise a reasonable degree of care
4. Account promptly for any of the principal's money
5. Keep the principal informed of all facts
Term
Implied authority
Definition
The authority implicitly conferred on an agent by customer, usage, or a principal's conduct indicating intention to confer such authority
Term
Express authority
Definition
The authority that the principal specifically grants to the agent
Term
Actual authority
Definition
Authority conferred by the principal on an agent under an agency contract
Term
Binding authority
Definition
An insurance agent's authority to effect coverage on behalf of the insurer
Term
Apparent authority
Definition
A third party's reasonable belief that an agent has authority to act on the principal's behalf
Term
Independent agency
Definition
A business operated for the benefit of its owner that sells insurance usually as a representative of several unrelated insurers
Term
Broker
Definition
An independent producer who represents insurance customers
Term
Agency expiration list
Definition
The record of an insurance agency's present policyholders and the dates their policies expire. An independent agency has the right to sell this list to another independent agent
Term
Independent agency network
Definition
A group of agencies that contractually link to share services, resources and insurers to gain advantages normally available only to large regional and national brokers
Term
Managing general agent
Definition
An authorized agent of the primary insurer that manages all or part of the primary insurer's insurance activities, usually in a specific geographic area
Term
Exclusive agency marketing system
Definition
An insurance marketing system under which agents contract to sell insurance exclusively for one insurer or an associated group of insurers. Generally the insurer handles many administrative functions for the agent
Term
Direct writer marketing system
Definition
An insurance marketing system that uses sales agents who are direct employees of the insurer.
Term
Distribution channels
Definition
Internet, Call centers, Direct response, Group marketing, trade associations, Financial institutions.
Term
Methods of prospecting by an agent
Definition
Referrals, referrals from strategic partners, advertising, interactive web sites, telephone solicitations and cold canvas
Term
Item basis
Definition
The premium is forwarded to the insurer when the producer collects it or when it becomes due. The producer is not required to pay the principal until premium has been collected
Term
Statement basis
Definition
The insurer sends a statement to the producer the premiums that are due. The producer is obligated to pay premiums indicated.
Term
Account current basis
Definition
The producer prepares statements showing the premiums due to the insurer, after deducting appropriate commissions and transmits that amount to the insurer
Term
Functions of insurance producers
Definition
Prospecting, Risk management review, Sales, policy issuance, premium collection, customer service, claim handling, and consulting
Term
Contingent commission agreement
Definition
A contract provision in which an insurer agrees to make supplemental payments to producers based on profitability alone or on a combination of profitability, volume and growth in the agency's book of business placed with that insurer
Term
Types of unfair trade practices
Definition
Misrepresentation and false advertising, Tie in sales, rebating, other deceptive practices
Term
Goals of underwriting
Definition
Guarding against adverse selection, ensuring adequate policyholders' surplus enforcing underwriting guidelines
Term
Adverse selection
Definition
In general, the tendency for people with the greatest probability of loss to be the ones most likely to purchase insurance
Term
Capacity
Definition
The amount of business an insurer is able to write, usually based on a comparison of the insurer's written premiums to its policyholders' surplus
Term
underwriting authority
Definition
The scope of decision that tan underwriter can make without receiving approval from someone at a higher level
Term
Underwriting guidelines
Definition
A written manual that communicates an insurer's underwriting policy and that specifies the attributes of an account that an insurer is willing to insure
Term
Line underwriter
Definition
Underwriter who is primarily responsible for implementing the steps in the underwriting process
Term
Staff underwriter
Definition
Underwriter who is usually located in the home office and who assists underwriting management with making and implementing underwriting policy
Term
Line underwriter activities
Definition
Select insureds, classify and price accounts, recomment or provide coverage, manage a book of business, support producers and insureds, coordinate with marketing efforts
Term
Staff underwriter activities
Definition
Research the market, formulate underwriting policy, revise underwriting guidelines, evaluate loss experience, research and develop coverage forms, review and revise pricing plans, arrange treaty reinsurance, assist others with complex accounts, conduct underwriting audits, participate in industry associations, conduct education and training
Term
Production underwriter
Definition
A merge of a special agent/field representative and a line underwriter. Assists producers in developing accounts that are acceptable to the insurer
Term
Treaty reinsurance
Definition
A reinsurance agreement that covers an entire class or portfolio of loss exposures and provides that the primary insurer's individual loss exposures that fall within the treaty are automatically insured
Term
Facultative reinsurance
Definition
Reinsurance of individual loss exposures in which the primary insurer chooses which loss exposures to submit to the reinsurer and the reinsurer can accept or reject any loss exposures submitted
Term
Underwriting audit
Definition
A review of underwriting files to ensure that individual underwriters are adhering to underwriting guidelines
Term
Physical hazard
Definition
A tangible characteristic of property, persons or operations that tends to increase the frequency of loss
Term
Morale hazard (attitudinal hazard)
Definition
A condition of carelessness or indifference that increases the frequency or severity of loss
Term
moral hazard
Definition
A condition that increases the likelihood that a person will intentionally cause or exaggerate a loss
Term
Legal hazard
Definition
A condition of the legal environment that increases loss frequency or severity
Term
Steps in the underwriting process
Definition
1. Evaluate the submission
2. Develop underwriting alternatives
3. Select an underwriting alternative
4. determine an appropriate premium
5.Implement the underwriting decision
6. Monitor the underwriting decision
Term
Sources of underwriting information
Definition
Producers, applications, inspection reports, government records, financial rating services, loss data, field marketing personnel, claim files
Term
Experience rating
Definition
Adjusts the insured's premium for the upcoming policy period based on the insured's experience for the current period
Term
Schedule rating
Definition
Awards debits and credits based on specific categories such as the care and condition of the premises or the training and selection of employees to modify the final premium to reflect factors that the class rate does not include
Term
Retrospective rating
Definition
Adjusts the insured's premium for the current policy period based on the insured's loss experience during the current period; paid losses or incurred losses may be used to determine loss experience
Term
Factors to consider when selecting an underwriting alternative
Definition
Underwriting authority, supporting business, mix of business, producer relationships, regulatory restrictions
Term
Rate
Definition
The price per exposure unit for insurance coverage
Term
Rate manual
Definition
A resource for classifying accounts and developing premiums for given types of insurance; includes necessary rules, factors and guidelines to apply those rates
Term
Binder
Definition
A temporary written or oral agreement to provide insurance coverage until a formal written policy is issued
Term
Exposure unit
Definition
The unit of measure used to determine an insurance premium
Term
Exposure units
Definition
Auto: each vehicle
Commercial property: each $100 of insured value
General liability: various exposure units
Homeowners: each $1,000 of insured value
Workers compensation: each $100 of payroll
Term
Underwriting management tasks
Definition
Participate in overall management, Arrange reinsurance, Delegate underwriting authority, Develop and enforce underwriting guidelines, monitor underwriting results
Term
Unfair discrimination in underwriting
Definition
Cancelling coverage based solely on geographic loacation, gender, marital status or race
Term
Law of large numbers
Definition
A mathematical principle stating that as the number of similar but independent exposure units increases, the relative accuracy of predictions about future ouctomes also increases
Term
Class rating
Definition
A rating approach that uses rates reflecting the average probability of loss for businesses within large groups of similar risks, the predominant method used for rating commercial properties
Term
Ratemaking process
Definition
Historical loss data gathered-->Prospective loss costs established-->Loss cost data entered into rating system-->insurer adjusts for expenses, profits and contingencies-->insurer determines final rate
Term
Individual rate
Definition
A type of insurance rate that reflects the unique characteristics of an insured or the insured's property
Term
Judgment rating
Definition
Rating used by underwriters to rate one-of-a-kind risks
Term
Final rate
Definition
The price per exposure unit determined by adjusting the prospective loss costs for expenses, profits and contingencies
Term
Claimant
Definition
A party that makes a claim and can be either a first-party claimant or a third party claimant
Term
Third party administrator
Definition
An organization that provides administrative services associated with risk financing and insurance
Term
Staff claim representatives
Definition
Employees of an insurer who handle most claims from the insurer's office
Term
Outside/field claim representative
Definition
Handles claims that require such tasks as investigating the scene of the loss, meeting with insureds, claimants and lawyers, and inspecting damages
Term
Independent adjuster
Definition
An independent claim representative who handles claims for insurers for a fee
Term
Public adjuster
Definition
An outside organization or person hired by an insured to represent the insured in a claim in exchange for a fee
Term
Quantitative audit factors
Definition
1. Timeliness of reports, reserving and payments
2. Number of files opened, closed and reopened each month
3. Percentage of recovery from subrogation
4. Average claim settlement value by claim type
5. Perentage of claims entering litigation or going to trial
6. Accuracy of data entry
Term
Qualitative audit factors
Definition
1. Realistic reserving
2. accurate evaluation of insured's liability
3. follow-up on subrogation opportunity
4. litigation cost management
5. proper releases taken
6. correct coverage evaluation
7. good negotiation skills
8. thorough investigations
Term
Steps of the claim handling process
Definition
1. Acknowledging and assigning the claim
2. Identifying the policy and setting reserves
3. contacting the insured or the insured's representative
4. investigating the claim
5. documenting the claim
6. Determining cause of loss, liability and the loss amount
7. concluding the claim
Term
Nonwaiver agreement
Definition
A signed agreement indicating that during the course of investigation neither the insurer nor the insured waives rights under the policy
Term
Reservation of rights letter
Definition
An insurer's letter that specifies coverage issues and informs the insured that the insurer is handling the claim with the understanding that the insurer may later deny coverage should the facts warrant it
Term
Subrogation
Definition
The process by which an insurer can after it has paid a loss under the policy recover the amount paid from any party (other than the insured) who caused the loss or is otherwise legally liable for the loss
Term
Mediation
Definition
Disputing parties use a neutral outside party to examine the issues and develop a mutually agreeable settlement
Term
Arbitration
Definition
Disputing parties use a neutral outside party to examine the issues and develop a settlement which can be final and binding
Term
Appraisal
Definition
A method of resolving disputes between insurers and insureds over the amount owed on a covered loss
Term
Mini-trial
Definition
A case undergoes an abbreviated version of a trial before a panel or an adviser who poses questions and offers opinions on the outcome of a trial based on the evidence presented
Term
Summary jury trial
Definition
Disputing parties participate in an abbreviated trial presenting the evidence of a few witnesses to a panel of mock jurors who decide the case
Term
Four questions to verify a property claim is covered
Definition
1. Does the insured have an insurable interest in the property?
2. Is the damaged property covered by the policy?
3. Is the cause of loss covered by the policy?
4. Do any additional coverages, endorsements or coverage limitations apply?
Term
Actual cash value
Definition
Cost to replace property with new property of like kind and quality less depreciation
Term
Depreciation
Definition
The reduction in value caused by the physical wear and tear on technological or economic obsolescence of property
Term
Replacement cost
Definition
The cost to repair or replace property using new materials of like kind and quality with no deduction for depreciation
Term
Agreed value
Definition
A method of valuing property in which the insurer and the insured agree at the time the policy is written on the maximum amount that will be paid in the even of a total loss
Term
Three factors used to determine the replacement cost of real property
Definition
1. Square footage of the property
2. Type and quality of construction
3. construction cost per sq foot
Term
Constructive total loss
Definition
A loss that occurs when the cost to repair damaged property plus its remaining salvage value equals or exceeds the property's pre-loss value
Term
Compensatory damages
Definition
A payment awarded by a court to reimburse a victim for actual harm
Term
Special damages
Definition
A form of compensatory damages that waards a sum of money for specific identifiable expenses associated with the inured person's loss, such as medical expenses or lost wages
Term
General damages
Definition
A monetary award to compensate a victim for losses such as pain and suffering that do not involve specific measurable expenses
Term
Punitive damages
Definition
A payment awarded by a court to punish a defendant for reckless, malicious or deceitful acts to deter similar conduct. The award need not bear any relation to a party's actual damages
Term
Elements of good-faith claim handling
Definition
1. thorough timely and unbiased investigation
2. complete and accurate documentation
3. fair evaluation
4. good faith negotiation
5. regular and prompt communication
6. competent legal advice
7. effective claim management
Supporting users have an ad free experience!